This Agreement for the Collection of Consumer Recyclables (“Agreement”) is made and entered into this day, (the “Date of Execution”) by and between the Customer identified in the signature page (herein referred to as “Customer”), and Lake Ozark Dumping and Recycling LLC (herein referred to as "Contractor").

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W I T N E S S E T H: WHEREAS, Contractor is skilled and experienced in the collection and efficient recycling and disposition of recyclables; and

WHEREAS, Customer has selected Contractor to collect, identify, haul, recycle and/or dispose of Consumer Recyclables from Customer’s residence located at (herein the “Service Address”).  Now, THEREFORE, in consideration of the premises and material promises set forth below and other consideration the receipt and sufficiency of which is hereby acknowledged by the parties, Contractor and Customer (herein collectively called the “Parties”) hereby agree as follows:

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1. Term. This Agreement shall begin upon the Date of Execution and continue for an initial term of one (1) year (the “Initial Term”). At the end of the Initial Term Contractor and Customer have the right to renew for additional one (1) year terms upon mutual agreement (each such term an “Extension Term” and collectively, the “Term”). Unless either Party provides written notice to the other Party at least sixty (60) days prior to the end of the Initial Term or any Extension Term, the Term shall automatically renew for an unlimited number of one-year terms. During the Term, Contractor shall have the sole and exclusive right to pick up Consumer Recyclables from the Service Address.

2. Collection Procedures. During the Term and after the Effective Date, Contractor shall collect all acceptable Consumer Recyclables set-out for recycling and collection by Customer in approved Containers. The decision of what is an "acceptable" Consumer Recyclable shall be made in the sole reasonable discretion of Contractor. However, in no event shall Contractor be required to accept any Excluded Items (excluded items include, but are not limited to the following items: garbage, hazardous waste, carpet, newspapers, mattresses, large furniture, large appliances, yard waste) and in no event shall Contractor accept Commercial Recyclables from Customer. Contractor shall not be responsible for collecting Consumer Recyclables which have fallen or been placed curbside but are not in an approved Container.

3. Ownership. Consumer Recyclables set out for collection on the regularly scheduled collection day shall belong to Contractor from the time of its set-out. Consumer Recyclables physically collected by Contractor shall be deemed acceptable Consumer Recyclables for the purposes of its obligations under this Agreement.

4. Set Out Procedures. Customer shall place Consumer Recyclables into Containers and place Containers at Curbside for collection. Overflow material shall be placed adjacent to the Container(s) in plastic bags or other easily handled container. Consumer Recyclables shall not be set out in tied bundles. Contractor must collect all Consumer Recyclables that are set out in this manner and are placed within seven (7) feet of the Curbside. Containers shall be placed in a manner that will not interfere with or endanger the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Consumer Recyclables not set out in accordance with this paragraph.

5. Contamination and Improper Set Out. If Contractor encounters any improperly packaged Consumer Recyclables or other contaminants in the Container, Contractor may leave those materials in the Container or remove them from the Container and leave them Curbside. However, Contractor shall collect the acceptable items and leave contaminants at Curbside.

6. Collection Schedule. Contractor shall perform Collections at the Service Address on a regular schedule in accordance with the following pickup schedule: Monthly, or Bi-weekly.  The pickup day(s) shall be the first and third Tuesday of each month. Contractor shall not be required to perform any service under this Agreement on Holidays. Contractor may interrupt the regular schedule and quality of service because of street repairs, snow or other closures of public routes, which in Contractor's sole reasonable discretion makes the pick-up of the Consumer Recyclables from the Service Address impracticable under the circumstances.

7. Missed Collections. In the unlikely event of a missed collection, Customer shall promptly report such missed collection to Contractor.

8. Containers. During the term of this Agreement, Customer shall provide (at its sole cost) and maintain an acceptable and approved Container for the services under this Agreement. Approved containers are: _________________________________________________________.

9. Contractor’s Fee. Customer shall pay to Contractor during the Term of this Agreement a monthly fee of $15 or $25 depending on the plan chosen. Payments shall be made to Contractor in advance of the first day of each calendar month during the term of this Agreement.

10. Marketing and Disposition of Recyclable Material. Contractor shall be solely responsible for the marketing and sale of collected Consumer Recyclables, and shall be solely responsible for the storage and disposition of the Consumer Recyclables in the event it is unable to sell the Consumer Recyclables in a timely manner.

11. Compliance with Law. Contractor agrees to comply with all published ordinances, laws, rules, and regulations, together with amendments thereto, of the state of Missouri and the United States of America pertaining to the services to be performed hereunder.

12. Termination and Breach. Either party may terminate this Agreement without cause upon sixty (60) days advance written notice. Either party may terminate this agreement for cause upon fourteen days advance written notice to the breaching party specifying the defaults and the breaching party’s failure to adequately cure the defaults within such fourteen-day period.

13. Severability. Should one or more of the provisions of this Agreement be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the original intent of this Agreement.

14. Independent Contractor Status. In the performance of services pursuant to this Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or employee of Customer.

15. No Assignment. This Agreement, or any interest herein, shall not be transferred, sold, nor assigned by either Party to any person, firm, or corporation, without the prior written consent of the other Party.

16. Governing Law. The laws of the State of Missouri govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance, and enforcement.

17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all other agreements, whether written or oral, between the parties.

18. Definitions:  Consumer Recyclable: The term “Consumer Recyclable” means plastics (#1 - 7), aluminum cans, metal/tin cans, glass bottles or jars. The definition of Consumer Recyclable is subject to modification in the discretion of Contractor based upon experience gained during the term of this Agreement and with consent of the Customer.  Curb or Curbside: The words "Curb" or "Curbside" relate to the Customer’s property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or on-street parking. If circumstances preclude, a Curbside shall be considered a placement suitable to the Customer, convenient to Contractor's equipment, and mutually agreed to by Customer and Contractor.  Excluded Items: The term “Excluded Items” means Garbage, Hazardous Waste, large furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines, newspapers, car seats, cribs, mattresses, paint, tires, cleaners, etc. and any item heavier than fifty (50) pounds.   Garbage: The term “Garbage” means all putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass, yard debris, leaves, swill, demolition and construction wastes, dead animals, piles of debris, car parts, construction or demolition debris, any item that would be considered Hazardous Waste, or stumps.  Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or dangerous waste, substance or material, or contaminant, pollutant or chemical, known or unknown, defined or identified as such in any existing or future local, state or federal law, statute, code, ordinance, rule, regulation, guideline, decree or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA or any Illinois statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by federal law.  Holiday: The term “Holiday” means the following days: New Year’s Day, Martin Luther King’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day, unless otherwise specified by Contractor.

 

IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Date of Execution that the plan was purchased.